Can a trustee refuse to close the trust until the main beneficiary has agreed to share what he inherited equally?

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Can a trustee refuse to close the trust until the main beneficiary has agreed to share what he inherited equally?

My brother and my mom agreed 9 years ago that he would live with her and buy her house for monthly payments until her death. He was not regular in his payments but my mom did not revoke the trust she set up the following year, which granted the house and land (22 acres) to him alone. This brother was named trustee but he was pressured to resign in favor of the 2nd named – 2 days after Mom died 3 years ago. The 2nd trustee and another sib have tried for 3 years to force the grantee to sell the whole property and divide it equally. The trustee will not close the trust to let him have the deed or deduct my mom’s mortgage and screams at him too.

Asked on November 22, 2012 under Estate Planning, Minnesota

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

The beneficiary will need to take the trustee to court for violating the terms of the trust, who can be liable for all attorney fees and costs personally, in obtaining the necessary court order to put the beneficiary of the land on title. Obtain yourself a probate litigation attorney, who can bring a legal action on your behalf. Don't let that other sibling push you into something or signing of any document without the advice of a legal counsel.


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